P. v. Lynch CA6
Defendant Jacob Jimmie Lynch was convicted by a jury of first degree murder (Pen. Code, § 187, 189), assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)), and active participation in a criminal street gang (§ 186.22, subd. (a)), and gang enhancement (§ 186.22, subd. (b)) allegations and a gang murder special circumstance (§ 190.2, subd. (a)(22)) allegation were found true. The trial court sentenced him to 25 years to life consecutive to a determinate term of six years.
On appeal, he contends that the judgment must be reversed because (1) the prosecutor made inaccurate statements to the jury in argument about the nature of premeditation and deliberation, and the trial court misinstructed the jury on premeditation,